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All Journal Journal of Accounting and Investment Al-Mashrafiyah : Jurnal Ekonomi, Keuangan, dan Perbankan Syariah Syariah: Jurnal Hukum dan Pemikiran Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman Al-Iqtishadiyah: Ekonomi Syariah dan Hukum Ekonomi Syariah Journal of Islamic and Law Studies (JILS) Abdimas Indonesian Journal Priviet Social Sciences Journal JSE: Jurnal Sharia Economica INJURLENS
Muhamad Rahmani Abduh
UIN Antasari Banjarmasin
Religion Arts Humanities Economics, Econometrics & Finance Education Energy Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLEMENTATION OF THE LIMITED LIABILITY COMPANY LEGAL DOCTRINE IN THE LIABILITY OF DIRECTORS IN INDONESIA Syarifah Aisyah; Norhalisa Nabella; Alya Ahda Nadhirah; Muhamad Rahmani Abduh
JSE: Jurnal Sharia Economica Vol. 5 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/36nxre15

Abstract

This study examines the implementation of key doctrines in corporate law related to directors’ liability in limited liability companies in Indonesia. The doctrines analyzed include Piercing the Corporate Veil, Business Judgment Rule, Ultra Vires, and Fiduciary Duty. This research employs a normative legal method with statute, conceptual, and case approaches. Legal materials were collected through literature studies and analyzed qualitatively to understand the application of these doctrines in corporate legal practice in Indonesia.  The findings indicate that these doctrines play an important role in determining the limits of directors’ responsibilities in corporate management. The doctrine of Piercing the Corporate Veil allows courts to impose personal liability when the corporate entity is misused, as illustrated in the case involving PT Effem Foods Inc. The Business Judgment Rule provides legal protection for directors in making business decisions in good faith, as reflected in the case of PT Merpati Nusantara Airlines. The Ultra Vires doctrine emphasizes that corporate actions must remain within the scope of the company’s objectives, as shown in the PT Condato Grup Indonesia case. In addition, the Fiduciary Duty doctrine highlights directors’ obligations to act with due care and loyalty in managing the company, as seen in the PT Bakara Bumi Energi case.
The legal convergence of prenuptial agreements: An analysis of the marriage law, Islamic law compilation, and constitutional jurisprudence Ahmad Mubarak; Novy Listiana; Nurul Azkia; Muhamad Rahmani Abduh; Iqnaul Umam Ashidiqi
Priviet Social Sciences Journal Vol. 6 No. 1 (2026): January 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i1.928

Abstract

A prenuptial agreement is an important instrument in marriage law that regulates agreements between prospective spouses to arrange their rights, obligations, and property prior to marriage. The study of prenuptial agreements is particularly urgent in the modern context, where social and economic dynamics continue to evolve and influence family life. This study aims to examine, from a legal perspective, how prenuptial agreements are regulated in Indonesian civil law, their implementation in society, and their legal implications for the division of property and safeguarding each party's rights following marriage. The research method used is a normative method, using the analysis of legal documents and related literature, as well as case studies to demonstrate how prenuptial agreements are used in practice. The study’s results found that prenuptial agreements possess enforceable legal authority as long as they meet the requirements of a valid agreement according to the Civil Code and applicable laws and regulations, including the Marriage Law. These agreements serve to avoid property disputes at the end of a marriage through divorce or death. However, it is of paramount importance that legal convergence regarding prenuptial agreements is achieved. Similarly, the role of the notary as an authorized official is crucial in providing optimal legal protection. The legal implications of prenuptial agreements are vital for ensuring legal certainty for couples, particularly concerning the division of joint property, which can be adjusted to the parties' wishes in accordance with the initial agreement
PEMBATASAN HAK KHIYAR DALAM PERDAGANGAN SAHAM: ANALISIS TERHADAP KEBIJAKAN NON-CANCELLATION PERIOD BURSA EFEK INDONESIA Abduh, Muhamad Rahmani; Akbar, Ilham; Ilmi, Fajrul; Pradana, Neco Erlin
JSE: Jurnal Sharia Economica Vol. 5 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/j1nqs143

Abstract

This study aims to analyze the stock trading mechanism on the Indonesia Stock Exchange (IDX) and examine the Non-Cancellation Period policy from the perspective of Islamic law, particularly through the concept of khiyar. This research employs a normative legal method with a conceptual approach, focusing on the analysis of fiqh muamalah principles in relation to modern stock trading practices. The findings indicate that stock trading on the IDX is conducted through a structured electronic system, where transactions are deemed to occur upon the matching of buy and sell orders. The Non-Cancellation Period policy restricts the modification and cancellation of orders within a specific timeframe to maintain price stability and prevent potential market manipulation. From an Islamic law perspective, this restriction does not fundamentally contradict the concept of khiyar majlis, as orders that have not yet been matched cannot be considered legally binding contracts. Furthermore, based on the fiqh principles of dar’u al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ (preventing harm takes precedence over attaining benefit) and lā ḍarar wa lā ḍirār (no harm and no reciprocating harm), the policy can be justified as it aims to prevent collective harm and preserve market integrity. Therefore, the Non-Cancellation Period reflects an adaptation of Islamic legal principles within modern trading systems while maintaining justice and public interest
Co-Authors Ahmad Mubarak Ahmad Mubarak, Ahmad Alya Ahda Nadhirah Ashidiqi, Iqnaul Umam Azkia, Nurul DND, PP Rabiah Al Adawiyah Fathurrahman Azhari H.M. Hanafiah Hafiez Sofyani Hanafiah, H.M. Hasanudin Hasanudin Hayatun Nafisah Husna, Khodimatul Ilham Akbar Ilmi, Fajrul Iqnaul Umam Ashidiqi Listiana, Novy Maghfur, Achmad Mahmud Yusuf Mahmud Yusuf Mahmud Yusuf Mahmud Yusuf Norhalisa Nabella Novy Listiana Nurul Azkia Parman Komarudin Pradana, Neco Erlin Rahman, Abidir Rahmat Sholihin Rahmat Sholihin Sannya, Jasmine Ghina Sri Ana Farhanah Syarifah Aisyah